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The Land Registration (Scotland) Amendment Rules 2004

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Amendment of the principal Rules

3.  In rule 2 of the principal Rules (interpretation)–

(a)after the definition of “the Act” insert–

“the 2000 Act” means the Abolition of Feudal Tenure etc. (Scotland) Act 2000(1);

“the 2003 Act” means the Title Conditions (Scotland) Act 2003(2);

“application for dual registration” means an application made for–

(a)

registration of a constitutive deed under section 4(5) of the 2003 Act;

(b)

registration of a notice of preservation under section 50 of the 2003 Act;

(c)

registration of a deed creating a positive servitude under section 75(1) of the 2003 Act;

(d)

registration of a notice of converted servitude under section 80 of the 2003 Act; “benefited property” means in relation to a title condition, the interest in land to which the right to enforce the title condition is attached;

“burdened property” means in relation to a title condition, the interest in land which is affected by the title condition;;

(b)after the definition of “certificate of title” insert–

“community burden” has the meaning given in section 25 of the 2003 Act;

“constitutive deed” means the deed which sets out the terms of a title condition;;

(c)after the definition of “debt” insert–

“holder” in relation to a title condition means the person who has right to the title condition;

“personal real burden” has the meaning given in section 1(3) of the 2003 Act;.

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